M.MAHENDRA BRABU Vs. DIRECTOR OF ELEMENTARY EDUCATION

JUDGEMENT

(1.) The order of rejection, dated 05.05.2015, for grant of incentive increments for acquiring additional qualifications, is under challenge in the present writ petition.

(2.) The writ petitioner is working as Secondary Grade Teacher. The petitioner acquired higher qualification of M.Com., and B.Ed., and thereafter requested for grant of incentive increment. The case of the writ petitioner was considered with reference to the Government Order as well as the rules in force and the competent authority/second respondent issued impugned order dated 08.12.2009 stating that the writ petitioner while undergoing the regular education had obtained M.Com., degree during the same academic year. The writ petitioner while studying Diploma in Teacher Education simultaneously studied M.Com., and obtained degree. This Court is of the considered opinion that admission to M.Com., while undergoing regular course is impermissible. When a student is studying in regular college, such student is not eligible to be admitted in M.A., M.Sc., M.Com., and other PG course degree. A student has to undergo one course at one point of time and two degrees during same academic year is not only impermissible and such degrees are invalid in the eye of law. Obtaining two degrees during the same academic year is in violation of the University Grants Commission norms in force. University Grants Commission by virtue of the powers conferred under the University Grants Commission issued regulations stating that what are all the degrees, which are all permissible and what are all the degrees, which are all approved. Thus, the candidates, who have studied in the regular pattern 10+2+3+2 as per the University Grants Commission's regulations alone is eligible for promotion or for grant of other service benefits as per the rules in force. Invalidity of PG degree cannot be a ground for claiming promotions or appointment which is now settled by the Apex Court. The benefits cannot be granted based on such invalid degrees obtained by not undergoing the course in the regular pattern through regular classes. As far as the teaching faculty is concerned, even for appointment the candidates, who are all undergone regular courses alone must be appointed. Regarding the scope of the University Grants Commission Act with reference to the open university system even before the judgment of the Hon'ble Supreme Court of India in the case of Annamalai University vs. Secy. To Govt. Information and Tourism Department reported in 2009(4) SCC 590, the Hon'ble Division Bench of the Madras High settled the principles in W.P.No.1256 of 1999, dated 25.04.2002 and His Lordship P.Shanmugam while sitting in the Division Bench elaborately discussed the provisions of University Grants Commission Act as well as the scope of the validity of the degrees obtained through open university system for the purpose of appointing teaching faculty. The relevant paragraphs are extractred hereunder:-

(3.) In view of the fact that the writ petitioner has obtained double degree which is impermissible for the purpose of grant of service benefits including the incentive increments. The impugned order passed in this regard is in consonance with the Government Order in force as well as the legal principles settled by the courts.